SleepingPadSolicitation Nov2009.doc

COVER PAGE

CP-FSS-1-A

Solicitation No. QSDACCA-G6-09-0534-N

REQUIREMENTS CONTRACT FOR

FSC CLASS 8465 – FIRE PROGRAM - PAD, SLEEPING, NSN 8465-01-223-8421

PERIOD: DATE OF AWARD THROUGH ONE YEAR WITH 4 ONE-YEAR OPTION PERIODS

ANY INFORMATION THAT MAY BE DESIRED ON THIS PARTICULAR SOLICITATION CAN BE OBTAINED FROM THE ISSUING OFFICE ADDRESS SHOWN HEREIN.

CP-FSS-2

SIGNIFICANT CHANGES (OCT 1988)

The attention of offeror is invited to the following changes made since the issuance of the last solicitation for the supplies/services covered herein:

1. Three first article samples will be required 30 days after notice of award for the NSN in this procurement.

2. Offers shall be submitted on the Standard Form 1449. Offers shall include all subsequent pages following this form. Please sign and date your offer. Please keep a copy of the completed offer for your files. Offerors that fail to furnish required representations or information, or reject the terms and conditions of the solicitation, may be excluded from consideration. Offer submission is required in this format. This supersedes clause 52.212-1 – Instructions to Offerors – Commercial Items (June 2008) paragraph (b).

3. Offeror is responsible for submitting proposal, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation.

4. Method of award will be in the aggregate for this item (both delivery points) in accordance with Clause M-FSS-301-D. Award will be for a one-year firm fixed price requirements base contract with four (4) one-year option periods. The Economic Price Adjustment (EPA) Clause will be applicable to the 4 one-year option periods.

5. The Buy American Act applies to this solicitation.

6. Procurement will be a negotiated procurement.

7. In accordance with Federal Acquisition Regulation 52.212-1(g), the Government reserves the right to make award without any written or oral discussions with any offeror.

8. Procurement will be set aside for small business.

9. Copies of the applicable Forest Service Specifications and drawings as listed within the item purchase descriptions are posted on the Forest Service Technology & Development Center webpage. The direct link to the website is http://www.fs.fed.us/t-d/programs/fire/specs.htm.

10. Technical Data Required for Submission with Offer: Offers will be evaluated and award will be made to the lowest price technically acceptable offer. Offerors are advised that the data described below will be reviewed to determine technical acceptability. The Government will not make assumptions concerning the offeror's intent. Clear identification is the sole responsibility of the offeror. Failure to provide data with submission of offer or prior to award may result in offer being considered technically unacceptable for further evaluation for award.

A. TECHNICAL CAPABILITY.

1. Letters of Commitment: Offerors must submit letters of commitment at the time of offer submission for required materials as shown in the Item Purchase Description (pages 5 through 7 of solicitation) and Forest Service specifications and drawings referenced therein. Letters of commitment must be on the supplier's letterhead (if not the offeror) and must identify the following:

1 - Supplier’s commitment to provide materials as specified in the Forest Service Specification and the item purchase description in sufficient quantities to support Government monthly potential quantities 2 - Product compliance to specification requirements 3 - Delivery lead times for raw materials/equipment needs 4 - Length of time commitment will be honored 5 - Provisions for quality assurance testing (supplier and/or third party facilities) 6 - Special palletization requirements of 80" x 50" commitment letter criteria will all receive equal importance in evaluation.

2. Facilities Inspection. Technical capability may also be determined by a pre-award assessment report (PAR) conducted by GSA personnel at the offeror's facility. The assessment will include, as a minimum, offeror's facility capacity, quality assurance system, and demonstration of compliance with all requirements. Failure to receive an overall recommendation of "Capable of Performing" the requirements of a resulting contract, if awarded, will result in the offer no longer being considered for award.

B. PAST PERFORMANCE - References. Past performance information will be considered in making the responsibility determination. A list of three or more references with current contact information (including office phone number and email addresses) for on-going contracts or contracts completed within the past three years are required to be submitted at the time of offer submission. Reference lists shall consist of former and current customers who have purchased similar or like items. In addition, offerors are required to provide letters from references (reference's own letterhead) for any of these ongoing contracts or contracts completed within the past three years that exceed $500,000. Letters must satisfactorily demonstrate performance relevant to the solicitation requirements. At a minimum, reference letters should include:

1 - Name and Address of the Company 2 - Name, Title, Telephone Number including Area Code, and Email Address of Reference Point of Contact 3 - Contract Number 4 - Dates of Performance 5 - Total Contract Value 6 - Item/Product Nomenclature/Description Information on problems encountered and corrective actions taken on identified contracts must be included.

Past performance information on work for State and local governments, private sector clients and subcontract(s) that are similar to the Government requirement may be evaluated with similar Federal contracts. Contact information must be current.

Offerors may submit information on subcontractors used for work performed as part of a team or joint venture and other previous reincarnation of its current organization.

Note: All past performance information is proprietary source selection information. The Government will only discuss past performance information directly with the prospective prime or sub-contractor that is being reviewed. If there is a problem with the proposed subcontractor’s past performance, the prime can be notified of a problem, but no details may be discussed without the subcontractor’s permission. The Government may use past performance information obtained from other than the sources identified by the offeror and the information obtained may be used for the responsibility determination.

C. PRICE. Any award price must be determined to be fair and reasonable.

13. Failure to furnish all information as required may result in your offer being determined non-responsive and/or technically unacceptable and no longer being evaluated/considered for possible award.

CP-FSS-3

NOTICE: REQUESTS FOR EXPLANATION OR INFORMATION (MAR 1996)

Oral or written requests for explanation or information regarding this solicitation should be directed to Linda Haffner at:

GENERAL SERVICES ADMINISTRATION

FAS, SOUTHWEST OPERATIONS SUPPLY CENTER

ACQUISITION BRANCH ATTN: LINDA HAFFNER (QSDLA-H4)

819 TAYLOR STREET, ROOM 6A00

FORT WORTH, TX 76102

or by email: linda.haffner@gsa.gov or phone at 817 574-2565.

CP-FSS-30 (APR 1993)

PLEASE REMOVE THIS COVER PAGE(S) BEFORE SUBMITTING OFFER TO GSA.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, & 30

REQUISITION NUMBER

N/A

7.

FOR SOLICITATION

INFORMATION CALL(

a. NAME

Linda Haffner

b. TELEPHONE NUMBER (No collect calls) 817-574-2565

8. OFFER DUE DATE/

December 16, 2009 at 4:15 p.m.

9. ISSUED BY CODE

10. THIS ACQUISITION IS

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

12. DISCOUNT TERMS

( UNRESTRICTED

Minimum: Net 30 Days

GSA, Federal Acquisition Service Acquisition Branch (QSDLA-H4)

( SET ASIDE 100% FOR

SMALL BUSINESS

819 Taylor Street, Room 6A00 Fort Worth, TX 76102-6114

( HUBZONE SMALL BUSINESS

( 8 (A) ( 13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

14. METHOD OF SOLICITATION

( RFQ ( IFB ( RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

To be shown on each order issued under any contract resulting from this solicitation.

17a. CONTRACTOR/ CODE

FACILITY

18a. PAYMENT WILL BE MADE BY CODE

OFFEROR

NAME AND ADDRESS

CODE

See Block 15.

TELEPHONE NO.

FAX NO. DUNS

EMAIL ADDRESS:

IS CHECKED ( SEE ADDENDUM

Do not complete Blocks 19 through 24, see schedule of supplies/items/services in the products/services attachments.

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

See Block 15

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

Indefinite

( 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ( ARE ( ARE NOT ATTACHED.

( 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ( ARE ( ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

( FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO

TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE _________ _ OFFER

DATED _____________________. YOUR OFFER ON SOLICITATION (BLOCK 5)

( INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS: See attached continuation page(s) beginning on page 2.

32a. QUANTITY IN COLUMN 21 HAS BEEN

( RECEIVED ( INSPECTED ( ACCEPTED AND CONFORMS TO THE

33. SHIP NUMBER

CORRECT FOR

CONTRACT. EXCEPT AS NOTED

PARTIAL

FINAL

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL CONTAINERS

AUTHORIZED FOR LOCAL REPRODUCTION

SEE REVERSE FOR OMB CONTROL NUMBER AND PAPERWORK

STANDARD FORM 1449

(10-95)

(LOCAL DEVIATION)

BURDEN STATEMENT

Prescribed by GSA - FAR (48 CFR) 53.212

Solicitation No. QSDACCA-G6-09-0534-N

This page reserved for use at time of award as applicable.

PART I- CONTINUATION OF SF 1449

SECTION A: SOLICITATION/CONTRACT FORM

52.214-34

SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

52.214-35

SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S. dollars shall be rejected.

A-FSS-2-A

(OCT 1988) REQUIREMENTS CONTRACT FOR:

FSC CLASS:

COMMODITY:

PAD, SLEEPING, NSN 8465-01-223-8421 (FIRE PROGRAM ITEM0

PERIOD:

Date of Award through one year with 4 one-year option periods

A-FSS-13-B

PAYMENT TERMS (SEP 1999)

"Notice to Bidders - Use Item 12 of the Standard Form 1449, Solicitation/Contract/Order for Commercial Items, to offer prompt payment discounts. The Prompt Payment clause of this solicitation sets forth payment terms. Do not insert any statement in Item 12 which requires payment sooner than the time stipulated in the Prompt Payment clause. EXAMPLE: If you are not participating in full cycle electronic commerce, by inserting "NET 20" in Item 12, GSA will reject your offer as nonresponsive because the entry contradicts the 30 day payment terms specified in the Prompt Payment clause."

A-FSS-31

NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (OCT 1988)

The clause entitled "Notice of Total Small Business Set-Aside," applies to the following items in this solicitation: ALL ITEMS IN THIS SOLICITATION.

A-FSS-41

INFORMATION COLLECTION REQUIREMENTS AND HOURS OF OPERATION (NOV 1999) 515.204-1

(a) "The information collection requirements contained in this solicitation/contract are either required by regulation or approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned OMB Control No. 3090-0163."

(b) "GSA's hours of operation are 8:00 a.m. to 4:30 p.m. Requests for preaward debriefings postmarked or otherwise submitted after 4:30 p.m. will be considered submitted the following business day. Requests for postaward debriefings delivered after 4:30 p.m. will be considered received and filed the following business day."

SECTION B: SCHEDULE OF SUPPLIES AND PRICE LISTS

B-FSS-90

FREQUENCY OF ORDERS (OCT 1988)

In order to give Contractors an indication as to the frequency of orders, the number of orders expected to be placed during the contract period is shown in the Schedule for each item on Page 4. Computations as to the frequency of orders are necessarily based on past experience, and Contractors are cautioned that this ordering pattern may change. This information is provided to facilitate Contractor's production planning and has no bearing on the contractual obligations of either party.

**ALL COMPLETED PAGES 1-52 MUST BE RETURNED WITH YOUR OFFER (SF 1449)**

PLEASE PROVIDE THE FOLLOWING INFORMATION:

CONTRACTOR’S DUNS No. _____________________________ TIN No. ________________________________

CONTRACTOR’S EMAIL _________________________________

FAX No.________________________________

SUPPLIERS’ DUNS No. __________________________________ TIN No. ________________________________

SUPPLIRS’ EMAIL _______________________________________

FAX No.________________________________

The contractor shall provide the item in accordance with the Item Purchase Description (IPD) in Section C. The contractor shall provide unit prices per unit of issue shown for each destination.

Method of award will be in the aggregate for the NSN for both destinations (Items 1 - 2) shown in Schedule of Items in the table below.

All delivery orders shall be placed by the General Services Administration's Federal Acquisition Service (FAS) (formerly Federal Supply Service (FSS)). Any reference to Federal Supply Service (FSS) in the clauses included in this solicitation and resulting contract is replaced by Federal Acquisition Service (FAS).

SCHEDULE OF ITEMS

(Per Item Purchase Description)

1-YR

Qty Unit of Issue Enter Unit Price Offered Enter

Extended Price

Offered

Pad, Sleeping

Pad, Sleeping Burlington, NJ

(N3) / (N4)

SECTION C: DESCRIPTION / SPECIFICATION

C-FSS-425

WORKMANSHIP (OCT 1988)

Any item contracted for must be new, current model at the time of offer, unless otherwise specified. Each article must perform the functions for its intended use.

C-FSS-427

ANSI STANDARDS (JUL 1991)

ANSI Standards cited in this solicitation may be obtained from the American National Standards Institute, Inc., 11 West 42nd Street, 13th Floor, New York, NY 10036 (Tel: (212) 642-4900).

ITEM PURCHASE DESCRIPTIONS (IPD)

ITEMS 1-2

NSN 8465-01-223-8421

IPD Dated 7/21/2009

NSN 8465-01-223-8421

NFES 1566

PAD, SLEEPING: Shall be in accordance with Forest Service Specification 5100-522A dated March, 1991, and Amendment 1 dated May, 1993.

The unit of issue shall be BX (a box of 50 pads).

FIRST ARTICLE SAMPLE(S) ARE REQUIRED.

EXCEPTIONS TO 5100-522A:

1. Table I. Change the maximum moisture absorption requirement to 10%.

2. Certificates of conformance based on the bun manufacturers test reports are acceptable in lieu of the first article testing and lot-by-lot testing required by paragraph 4.4.3.

3. Wherever shown in the specifications delete “MIL-STD-105” and substitute “ASQ Standard Z1.4. (Copies are available from the American Society for Quality, PO Box 3005, Milwaukee, WI 53201-3005.)”

4. Paragraph 5.1.1, delete entire paragraph and substitute the following: “Packing pads. Fifty (50) sleeping pads shall be packed stacked flat in a fiberboard shipping container conforming to style FTC, type CF variety SW, class domestic, minimum burst strength 350 psi (ECT 55) in accordance with ASTM D 5118, except the size limitations shall be waived. Boxes shall be in compliance with the National Motor Freight Classification. Each shipping container shall be closed in accordance with ASTM D 1974."

5. Paragraph 2.2 Non-Government Publications. Delete in its entirety and substitute the following: "2.2 Non-Government publications. The following documents form a part of this specification to the extent specified herein. Unless otherwise specified, the issues of these documents are those in effect on the date of the invitation for bids or request for proposals (see 6.2).

AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM)

D1056 – Standard Specification for Flexible Cellular Materials--Sponge or Expanded Rubber

D3575 – Standard Test Methods for Flexible Cellular Materials Made From Olefin Polymers

D3576 – Standard Test Method for Cell Size of Rigid Cellular Plastics

(Copies of ASTM standards are available from ASTM, 100 Barr Harbor Drive, West Conschohocken, PA 19426-2959, Website: http://www.astm.org/.)”

6. Paragraph 6.5 Preparing activity. Delete in its entirety and substitute the following: "6.5 Preparing Activity. USDA Forest Service, Missoula Technology and Development Center (MTDC), 5785 Highway 10 West, Missoula, Montana 59808.”

In order to provide clarification to the sampling and inspection procedures as outlined within the referenced Forest Service specification and the industry standard cited therein (ANSI/ASQ Z1.4-2003), the following exceptions shall be incorporated. All references to "defect" (or "defects") shall be deleted and the term "nonconformity" (or "nonconformities") shall be substituted in its place. Similarly, all references to "percent defective" shall be changed to "percent nonconforming" and the phrase "defects per hundred units" shall be changed to "nonconformities per hundred units." The term "rejection" shall be changed to "nonacceptance" when it refers to a result of following the specified procedure.

PACKAGING/PACKING: Fifty (50) sleeping pads shall be packed as specified by section 5 of the specification.

SPECIAL MARKING: The National Fire Equipment System (NFES) number appearing below the National Stock Number (NSN) of this Item Purchase Description shall be marked on the shipping container below the NSN. The NFES number shall be preceded by "NFES".

MARKING: Shipments to GSA and other civilian agencies shall be marked in accordance with FED-STD-123. Shipments to the Department of Defense (DOD) shall be marked in accordance with MIL-STD-129.

Palletization: The shipping (transport) containers shall be palletized. The pallets shall be 80-inch length x 50-inch width, general purpose, four-way entry, flush stringer, and double-face non-reversible pallets. The palletized load shall not exceed 2500 pounds in weight for shipments to the Eastern Distribution Center (Burlington). The palletized load shall not exceed 2000 pounds in weight for shipments to the Western Distribution Center (French Camp and Stockton Locations). The palletized load shall not overhang the pallet deck board edge by more than 1 inch and shall not exceed 53 inches in overall height (including pallet). Less than half pallet loads or loads shipped by small package carrier in acceptable transport packing need not be palletized. When less than full but more than a half pallet is used, the palletized load shall utilize proper bracing and/or reinforcement to ensure that the load can withstand two additional loads placed on it.

Stacking: A load-stacking test shall be performed once, at the beginning of the contract, for each different unitized or palletized load configuration. A fully palletized load shall be tested utilizing a total stack of three palletized loads, with all the proper bracing and/or reinforcement necessary to perform the test. There shall be no evidence of damage to the pallets, shipping containers or products when stack is tested on the rigid surface for a minimum of 24 hours, in compliance with all the National and Local Safety Regulations. The pre-tested palletized load configuration shall be duplicated using the same packaging materials, pattern, number of shipping (transport) containers, and procedures consistent throughout the duration of the contract. Palletized loads shall be stable and safe when handled with mechanical equipment by qualified personnel.

Materials: All lumber used inside or outside a shipment shall be bark free. No used wood pallets with repaired components or stringers will be acceptable. All wood pallet stringers shall be manufactured from hardwoods. Pallets manufactured of materials other than wood, shall conform to all the requirements specified herein.

Unitization: For the purpose of this requirement, the assembled group of containers or items in a single load that can be handled as a unit throughout the distribution system. Unitization encompasses, but is not limited to, consolidation in a container, placement on a pallet or load base having forklift capability, or securely binding together. Shipments should be considered for unitization where appropriate or specified.

Unitization of pallet load: The palletized load shall be unitized and secured to the pallet to insure that the load arrives intact without product damage. The containers or items shall be placed in a suitable pattern to form a stable and balanced load. Vertical, horizontal or filler reinforcement shall be added as necessary to meet the stacking strength requirements. A palletized load shall be secured to the pallet by shrink or stretch wrapping, and/or, by steel or nonmetallic strapping. When steel or nonmetallic strapping is used, edge protectors shall be provided to prevent damage to the cartons when tensioning the strapping. As a minimum, two straps shall run lengthwise, two straps shall run widthwise, and two straps shall run around the girth of the palletized load. A palletized load shall be capable of protecting the products against damage in a multiple handling, transportation, and storage environment having distribution warehouses with rack systems that support the load/s overhead of warehouse personnel.

Notice of special requirements for shipment to all countries that have endorsed the IPPC Guidelines for treatment of non-manufactured wood packaging: The International Plant Protection Convention (IPPC) has approved and published on March 15, 2002, “Guidelines for Regulating Wood Packaging Material in International Trade”. Countries endorsing the IPPC Guidelines are found at http://www.aphis.usda.gov/ppq/swp/. Clause D-FSS-468 requires non-manufactured wood pallets and other non-manufactured wood packaging material used in shipments destined to IPPC compliant countries require the appropriate wood treatment. Additionally, shipments delivered to DOD distribution facilities or freight consolidation points for eventual delivery to or through EU/IPPC countries shall comply with applicable DLA Regulations and Procurement Letter PROCLTR 02-17.

END OF ITEM PURCHASE DESCRIPTION (IPD)

PART II - CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (Mar 2009)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text may be accessed electronically at this Internet address: http://www.arnet.gov for both FAR and GSAM clauses below.

SECTION D: ADDITIONAL PACKAGING AND MARKING

(CONTINUATION OF SF 1449, BLOCK 27 – ADDENDA)

In addition to the requirements of Section C on palletization, packaging and marking, the following clauses are applicable:

552.211-73

MARKING (FEB 1996)

(a) General requirements. Interior packages, if any, and exterior shipping containers shall be marked as specified elsewhere in the contract. Additional marking requirements may be specified on delivery orders issued under the contract. If not otherwise specified, interior packages and exterior shipping containers shall be marked in accordance with the following standards.

(1) Deliveries to civilian activities. Supplies shall be marked in accordance with Federal Standard 123, edition in effect on the date of issuance of the solicitation.

(2) Deliveries to military activities. Supplies shall be marked in accordance with Military Standard 129, edition in effect on the date of issuance of the solicitation.

(b) Improperly marked material. When Government inspection and acceptance are at destination, and delivered supplies are not marked in accordance with contract requirements, the Government has the right, without prior notice to the Contractor to perform the required marking, by contract or otherwise, and charge the Contractor, therefor at the rate specified elsewhere in this contract. This right is not exclusive, and is in addition to other rights or remedies provided for in this contract.

552.211-74

CHARGES FOR MARKING (FEB 1996)

The rate for marking is $150.00 for the first man-hour. Each additional hour is $70.00 with a minimum charge of 2 hours per incident. 511.204(c)(2)

552.211-75

PRESERVATION, PACKAGING, AND PACKING (FEB 1996)

Unless otherwise specified, all items shall be preserved, packaged, and packed in accordance with normal commercial practices, as defined in the applicable commodity specification. Packaging and packing shall comply with the requirements of the Uniform Freight Classification and the National Motor Freight Classification (issue in effect at time of shipment) and each shipping container of each item in a shipment shall be of uniform size and content, except for residual quantities. Where special or unusual packing is specified in an order, but not specifically provided for by the contract, such packing details must be the subject of an agreement independently arrived at between the ordering agency and the Contractor.

552.211-76

CHARGES FOR PACKAGING AND PACKING (FEB 1996)

If supplies shipped to a GSA distribution center are not packaged and packed in accordance with contract requirements, the Government has the right, without prior notice to the Contractor, to perform the required repackaging/repacking, by contract or otherwise, and charge the Contractor therefore at the rate of $150.00 for the first manhour. Each additional hour is $70.00 with a minimum charge of 2 hours per incident. The Contractor will also be charged for material costs, if incurred. This right is not exclusive, and is in addition to other rights or remedies provided for in this contract.

552.211-77

PACKING LIST (FEB 1996)

(a) A packing list or other suitable shipping document shall accompany each shipment and shall indicate: (1) Name and address of consignor; (2) Name and complete address of consignee; (3) Government order or requisition number; (4) Government bill of lading number covering the shipment (if any); and (5) Description of the material shipped, including item number, quantity, number of containers, and package number (if any).

(b) When payment will be made by Government commercial credit card, in addition to the information in (a) above, the packing list or shipping document shall include: (1) Cardholder name and telephone number and (2) the term "Credit Card."

D-FSS-462

MAXIMUM WEIGHT PER SHIPPING CONTAINER (MAY 1995)

In no instance shall the weight of a shipping container and its contents exceed 23 kilograms (51 pounds), except when caused by (1) the weight of a single item within the shipping container, (2) a prescribed quantity per pack for an item per shipping container, or (3) a definite weight limitation set forth in the purchase description.

D-FSS-475

BAR CODE MARKING OF NATIONAL STOCK NUMBER (NOV 2004)

Bar code marking is required and shall be performed in accordance with the marking provisions contained elsewhere in this contract. See GSAR 552.211-73, “Marking.” Bar codes shall use the standard symbology specified in AIM BC1, Uniform Symbology Specification Code 39.

The AIM BC1, Uniform Symbology Specification Code 39, may be obtained from:

AIM USA

125 Warrendale-Bayne Road

Warrendale, PA 15086

Phone: 724 934 4470

Fax: 724 934 4495

Email: info@aimglobal.org

D-FSS-468

NON-MANUFACTURED WOOD PACKAGING MATERIAL FOR EXPORT (MAY 2004) FSS A/L FC-01-3

Definitions:

“Packaged material, and Solid Wood Packing Material (SWPM),” for purposes of this clause, is defined as each separate and distinct material that by itself or in combination with other materials forms the container providing a means of protecting and handling a product. This includes, but is not limited to, pallets, dunnage, crating, packing blocks, drums, load boards, pallet collars, and skids.

“Non-Manufactured wood,” is also called solid wood and defined as wood packing other than that comprised wholly of wood-based products such as plywood, particle board, oriented strand board, veneer, wood wool, and similar materials, which has been created using glue, heat and pressure or a combination thereof.

IPPC Country: Countries of the European Union (EU) or any other country endorsing the International Plant Protection Convention (IPPC) “Guidelines for Regulating Wood Packaging Material in International Trade,” approved March 15, 2002. A listing of countries participating in the IPPC is found at http://www.aphis.usda.gov/ppq/swp/.

(b) Non-manufactured wood pallets and other non-manufactured wood packaging material used to pack items for delivery to or through IPPC countries must be marked and properly treated in accordance with IPPC guidelines.

(c) This requirement applies whether the shipment is direct to the end user or through a Government designated consolidation point. Packaging that does not conform to IPPC guidelines will be refused entry, destroyed or treated prior to entry.

(d) For Department of Defense distribution facilities or freight consolidation points, all non-manufactured wood pallets or packaging material with a probability of entering countries endorsing the IPPC Guidelines must be treated and marked in accordance with DLA PROCLTR 02-17 (available at http://www.dla.mil/j-3/j-336/ProcLtrs/02-17.pdf), and MIL-STD-2073-1, Standard Practice for Military Packaging (and any future revision).

(e) Pallets and packing material shipped to FSS distribution facilities designated for possible delivery to the countries endorsing the IPPC Guidelines will comply with DLA PROCLTR 02-17, and MIL-STD-2073-1.

(f) Delays in delivery caused by non-complying pallets or wood package material will not be considered as beyond the control of the Contractor. Any applicable Government expense incurred as a result of the Contractor’s failure to provide appropriate pallets or package material shall be reimbursed by the Contractor. Expenses may include the applicable cost for repackage, handling and return shipping, or the destruction of solid wood packaging material.

SECTION E: INSPECTION AND ACCEPTANCE

(CONTINUATION OF SF 1449, BLOCK 27 – ADDENDA)

552.246-70 SOURCE INSPECTION BY QUALITY APPROVED MANUFACTURER (JUL 2009)

Inspection system and inspection of facilities.

The inspection system maintained by the Contractor under the Inspection of Supplies--Fixed Price clause (FAR 52.246-2) of this contract shall be maintained throughout the contract period. Unless otherwise authorized in writing by the Contracting Officer, the Contractor shall comply with all requirements of editions in effect on the date of the solicitation of either Federal Standard 368 or the International Organization for Standardization (ISO) Standard 9001:2000 (Quality Management Systems--Requirements). A documented description of the inspection system shall be made available to the Government before contract award. At the sole discretion of the Contracting Officer, he/she may authorize in writing exceptions to the quality assurance standards identified above. The Contractor shall immediately notify the Administrative Contracting Officer (ACO) of any changes made in the inspection system during the contract period. As used herein, the term "inspection system" means the Contractor's own facility or any other facility acceptable to the Government that will be used to perform inspections or tests of materials and components before incorporation into end articles and for inspection of such end articles before shipment.